Welcome to Annitaño!
1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Annitaño UG (haftungsbeschränkt) (hereinafter referred to as “provider”) to you, in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Annitaño UG (haftungsbeschränkt). By placing an order with Annitaño UG (haftungsbeschränkt) you agree to the application of these terms and conditions to your order.
(4) At Annitaño we offer you the following products: Pet articles
2 Formation of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in: worldwide. In the case of individual bulky goods items, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to Annitaño to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicking on the button “Buy now! / Order for a fee!” in the final order step.
(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a normal household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the Annitaño service requires registration (if necessary).
(10) By registering (if necessary), the customer accepts these General Terms and Conditions. Registration creates a contractual relationship between Annitaño and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the products/services on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.
(12) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Annitaño that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the button “Buy now! / Order with costs!” button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. You can find more information about electronic invoices on our website.
3 Description of the scope of services
Annitaño’s scope of services consists of the following services: See information about our offered products and services as well as purchase of products in our website.
4 Prices and shipping costs
(1) Our prices include the applicable statutory VAT for orders from a European country and do not include shipping costs or shipping surcharges. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) In order to use Annitaño, registration is required (if necessary).
(5) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment will be indicated.
(6) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. On the website you will find information on the availability of products sold by Annitaño (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly indicated as a binding date in the shipping options of the respective product.
(2) If Annitaño discovers during the processing of your order that the products you have ordered are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer’s front door, front door or staircase or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer’s method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation. The contractual partner is Annitaño UG (haftungsbeschränkt). Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
6 Customs
(1) If you order products from Annitaño for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from Annitaño, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
7 Terms of payment
(1) Any payment due must be paid to Annitaño in advance, without deduction, on the due date.
(2) The customer can pay for the goods or services using the following payment methods: – Paypal – Prepayment
(3) Certain payment methods may be excluded by the supplier in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or checks.
(5) If the Customer chooses an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(6) If the Supplier offers payment in advance and the Customer chooses this payment method, the Customer must transfer the invoice amount to the Supplier’s account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(7) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due.
(8) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.
(9) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(10) If the customer defaults on payment, the provider reserves the right to assert claims for damages caused by default.
8 Registration and termination
(1) If a user has registered for a paid service, they may terminate the contract no later than 14 days before the booking period. If this deadline is not met, the paid service shall be extended by the selected booking period and the termination shall only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer’s full name, e-mail address and postal address must be provided so that your cancellation can be assigned to you.
(2) Annitaño may terminate the contract at any time at its sole discretion, with or without prior notice and without giving reasons. Annitaño further reserves the right to remove profiles and/or any content posted on the Website by or on behalf of the User. If Annitaño terminates the user’s registration and/or removes the user’s profile or published content, Annitaño is under no obligation to inform the user of this or the reason for the termination or removal.
(3) Following any termination of any individual use of Annitaño’s services, Annitaño reserves the right to send notification of this to other registered users with whom Annitaño assumes that they have been in contact with the user. Annitaño’s decision to terminate the user’s registration and/or notify other users with whom Annitaño believes the user has been in contact does not imply or state that Annitaño is making any statements about the user’s individual character, general reputation, personal characteristics or lifestyle.
(4) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil proceedings. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(5) If a user’s access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.
(6) After termination of the contractual relationship, all user data will be deleted by Annitaño.
9 Limitation of liability (services)
(1) Annitaño accepts no responsibility for the content and accuracy of the information in the registration and profile data of the customer or other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, Annitaño is not liable for the services of the participating customers. Accordingly, all matters pertaining to the relationship between the Customers, including, without limitation, services received by a Seeker or payments due to Customers, shall be addressed directly to the respective party. Annitaño shall not be held responsible for and hereby expressly disclaims any and all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, of any kind whatsoever in connection with the aforementioned matters.
(3) Annitaño UG (haftungsbeschränkt) is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Annitaño UG (haftungsbeschränkt) or an intentional or negligent breach of duty by a legal representative or vicarious agent of Annitaño UG (haftungsbeschränkt).
(4) Annitaño UG (haftungsbeschränkt) Europe shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Annitaño UG (haftungsbeschränkt) or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Annitaño UG (haftungsbeschränkt).
(5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall lapse after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).
(7) The Provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
10 Offsetting and right of retention
(1) The customer shall only be entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
11 Retention of title
Annitaño UG (haftungsbeschränkt) retains ownership of the goods until full payment has been made.
12 Transport damage
If products and goods are delivered with obvious transport damage, the customer is requested to complain about this immediately to the supplier and to contact Annitaño UG (haftungsbeschränkt). The customer will help to enforce the claims of Annitaño UG (haftungsbeschränkt) against the carrier and transport company. Failure to make a complaint or to contact Annitaño UG (haftungsbeschränkt) has no consequences for the customer and his rights, in particular warranty rights.
13 Warranty
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may request the repair or replacement of the products purchased on Annitaño if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses relating to compensation for damage to body and health or to intent or gross negligence are asserted.
14 Limitation of liability (products)
(1) The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider shall be liable for breaches of essential contractual obligations which are based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as Annitaño’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
15 Cancellation policy
Insofar as contracts are concluded between us and our customers for chargeable services where the customer has a statutory right of cancellation (namely in the case of a contract concluded using exclusively means of distance communication such as letter, telephone, e-mail, online form), the following cancellation policy applies:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) to revoke without giving reasons. The withdrawal period for services is fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform us: Annitaño UG (haftungsbeschränkt) Alter Wall 32 20457 Hamburg E-Mail: info@annitano.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to Annitaño UG (haftungsbeschränkt) Alter Wall 32 20457 Hamburg E-Mail: info@annitano.de immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods.
Exceptions to the right of withdrawal
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for services, if Annitaño has provided these in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you lose your right of withdrawal upon complete fulfillment of the contract;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no influence.
16 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
17 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from Annitaño about the data concerning you at any time and free of charge. (5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing. (6) Further information on data protection can be found in the separate privacy policy.
18 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept. (6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
19 Place of jurisdiction and applicable law
The law of the Federal Republic of Germany shall apply exclusively. The place of jurisdiction for disputes between the contracting parties is the registered office of the provider Annitaño UG (haftungsbeschränkt), provided that the client is not a legal entity under public law or a special fund under public law. For consumers, this only applies insofar as no statutory provisions of the country in which the customer is domiciled or habitually resident are restricted.
20 Final provisions
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
